Understanding the Asthma-Free Housing Act in NYC
New York City Local Law 55 of 2018, known as the Asthma-Free Housing Act, mandates that owners of buildings with three or more apartments must keep their properties free from mold and pests. For NYC landlords, compliance is not optional; it is a forensic necessity to ensure structural integrity and tenant health. This legislation shifts the burden of inspection from the tenant to the property owner, requiring a proactive rather than reactive stance.
Mandatory Landlord Responsibilities Under Local Law 55
Under the law, landlords are required to perform annual inspections for indoor allergen hazards. This includes identifying and fixing moisture leaks, which are the primary catalyst for mold growth. If a tenant reports a mold issue, or if mold is identified during an inspection, the landlord must use safe work practices for remediation. This involves more than just cleaning the surface; it requires addressing the root cause through professional restoration methods that meet NYC Department of Health standards.
Diagnostic FAQ for NYC Property Managers
When is a professional mold assessment required?
For buildings with 10 or more units, any mold remediation involving more than 10 square feet requires a licensed mold assessor and a separate licensed mold remediation contractor. This bifurcation ensures an unbiased assessment of the hazard and prevents conflicts of interest during the remediation process.
What are the specific timelines for remediation?
Once a violation is issued by the HPD (Housing Preservation and Development), landlords typically have a 30-day window to correct the condition using certified professionals. Failure to comply can result in significant civil penalties, litigation, and emergency repair charges billed directly to the property tax account.
What constitutes ‘Safe Work Practices’?
Safe work practices include dry HEPA vacuuming, using professional-grade antimicrobial solutions, and ensuring the work area is properly contained with poly-sheeting to prevent spore migration. Upper Restoration adheres to these forensic standards to ensure absolute compliance and safety for all occupants.
The Forensic Approach to Mold Remediation
True compliance goes beyond the legal minimum. A forensic approach involves using advanced diagnostic tools like thermal imaging to detect hidden leaks behind drywall and moisture mapping to understand the extent of the saturation. In the high-stakes environment of New York real estate, professional documentation of these steps is your best defense against liability and future HPD claims.
ADA Description: A clear, well-lit photograph of a restoration specialist holding a professional moisture detection device against a light-colored wall. The specialist is wearing a branded uniform, signifying a formal and authoritative inspection process in a residential setting.
